PFAS the “Forever Chemical”
Happy Spring, everyone! We hope the weather is getting better, bright, and warmer wherever you may be. I know here in Bloomington we are enjoying some warm and sunny days, with a few storms in between. Today, we thought we would talk about something that has captured the regulatory agency’s attention over the last few years, per- and polyfluoroalkyl substances (PFAS).
What is PFAS and what does it do?
PFAS are man-made chemicals that have been used in a variety of products since the 1940s. They are commonly found in non-stick cookware, firefighting foam, and cleaning products, among other items. It is important to note that PFAS is the overarching term for the entire group of compounds. There are hundreds of different individual compounds classified as PFAS. For example, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) are two of the most common PFAS compounds found in products throughout history. The commonality between PFAS compounds is that they contain fluorine, carbon, and hydrogen atoms and bonds. This is important as the fluorine and carbon bond is one of the strongest bonds in organic chemistry. Due to this, PFAS compounds, specifically PFOS and PFOA, are extremely difficult to break down allowing the compounds to bioaccumulate in humans and the environment, earning PFAS the nickname the “forever chemical”.
How is PFAS regulated?
Even though these compounds have been around since the 1940s, PFAS is not currently heavily regulated by many state or federal agencies. However, the United States Environmental Protection Agency (USEPA) has initiated the first steps toward imposing more regulations on this group of compounds. We are going to discuss a few of the ways PFAS is currently regulated and the potential future regulations for this group of chemicals.
Safe Drinking Water Act
The Safe Drinking Water Act (SDWA) is the major law that protects our country’s drinking water and is enforced by the USEPA. SDWA protects our drinking water by setting Maximum Contaminant Levels (MCLs) for potable water. For example, this law sets the maximum amount of lead allowable in drinking water. Currently, there are no MCLs for PFAS compounds, but the EPA has started the process of MCL development. However, in the interim, the USEPA has issued a Public Health Advisory for drinking water that establishes a cumulative PFOS and PFOA standard of 70 parts per trillion (ppt). Public Health Advisories are non-enforceable and non-regulatory. The purpose of these advisories is to provide technical information and inform appropriate regulatory agencies of public health effects. This important to note as your facility may utilize on-site wells for drinking water or have the potential to expose surrounding drinking water sources through facility operations.
Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) regulates industries and businesses that produce PFAS compounds. This regulation requires businesses to report the type and amount of toxic chemicals produced, such as PFAS, to the USEPA. This data provides the USEPA an estimate of the amount of toxic chemicals in commerce throughout the country. As such, the USEPA utilizes this data to evaluate risk to human health and the environment along with developing regulations.
Comprehensive Environmental Response, Compensation, and Liability Act
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) created the Superfund program which focuses on remediating sites contaminated by hazardous substances. To date, PFAS is not classified as a hazardous substance. However, the USEPA is working to regulate PFAS under CERCLA and classify the compounds as “hazardous substances”. This classification will provide the USEPA authority to remediate sites contaminated with PFAS.
So, what does this mean moving forward?
As we move forward, we will see PFAS become more heavily scrutinized by regulatory agencies. The complete effects of these compounds on human health and the environment are still not completely understood. Therefore, as we learn more about these compounds and the associated effects, new regulations and standards will be implemented as necessary to protect human health and the environment. As we discussed, the first step towards increased regulation will be the implementation of MCLs for drinking water. This is already under works at many state and federal agencies. Other regulatory changes may follow suit such as implementation of storm water benchmarks for PFAS compounds.
While PFAS regulations may not affect your business right now, it is important to keep a finger on the regulatory pulse to understand what changes are to come. We hope this article gives you a brief run-down of the world of PFAS. As always, if you have any questions or concerns, please do not hesitate to contact VET at (812) 822-0400.
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